OCR Text |
Show IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT DIS-TRICT IN AND FOR IRON COUNTY, STATE OF UTAH, IN THE MATTER OF THE GENERAL DETERMINATION OF THE RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFAOE AND UNDERGROUND, UN-DERGROUND, WITHIN THE DRAINAGE AREA OF THE BEAVER RIVER- ESCALANTE VALLEY AND ALL TRIBUTARIES TRIBU-TARIES IN MILLARD, BEAVER, BEAV-ER, IRON, WASHINGTON, KANE, AND GARFIELD COUNTIES, IN UTAH. ORDER, SUMMONS AND NOTICE Civil No. 4415 The State Engineer of the State of Utah having filed herein a Proposed Determination Determina-tion of all Water Rights, both surface and underground, in the above-described drainage area, pursuant to the provisions provis-ions of Chapter 4, Title 73, Utah Code Annotated, 1953, and It ( appearing by Affidavit that the State Engineer has made due and diligent search and inquiry to ascertain the names of all claimants to the use of water, both surface and underground, within said drainage area, and has caused summons to be personally per-sonally served upon or has secure se-cure the entry of an appearance appear-ance by all claimants whose names and places of residence or post office addresses have been ascertained, and has also caused a copy of said Proposed Determination of Water Rights to be delivered or mailed to each of said claimants; and it further appearing that the State Engineer has done or performed per-formed all acts and things required re-quired of him under and by virtue of said Chapter 4 to Title 73, Utah Code Annotated, 1953; now, therefore, it Is hereby ORDERED that all persons and claimants who have not heretofore entered an appearance appear-ance or filed a water users claim in the above-entitled proceedings pro-ceedings aie hereby summoned to appear and defend the above entitled action which is brought for the purpose of making a General Determination of the Water Rights of the described water source. Upon the service of this summons upon you, you will thereafter be subject to the jurisdiction of the above-entitled above-entitled Court and it shall be your duty .to follow further pm-ceedings pm-ceedings In the above-entitled action and to protect your rights therein. The State Engineer has completed his hydrographic survey and if you have not heretofore filed a water user's claim you must do so as provided provid-ed for In Section 73-4-5, Utah Code Annotated 1953, as amended, amend-ed, and your failure to do so will constitute a default In the premises and a Judgment may be entered against you declaring declar-ing and adiudeine that you have no right in or to the waters wa-ters of the described watei source; and it is further ORDERED that notice of this Order be given by publication of a copy of this Order onct each week for. five (5) sucee slve weeks in the Iron Count) Record, a weekly newspapei published at Cedar City, Iror County, Utah; and in the Mil ford News, a weekly newspap er published at Milford, Bcavei County, Utah, said newspapen being hereby designated as tlu newspapers most likely to giv notice to persons Interested ir water rights in the aioresaic drainage area. Dated this 14th day of Jan uary, 1974. J. HARLAN BURNS, DISTRICT JUDGE (Mar. 28, Apr. 4, 11, 18, 2 1974) |